Etowah County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Etowah County?

The State of Alabama’s Act 2021-450, called the Darren Wesley Hall Compassion Act, which was enacted into law in May 2021, made the licensed cultivation of cannabis for medical purposes legal in Etowah County. The Alabama Medical Cannabis Commission (AMCC) is in charge of regulating and licensing medical cannabis enterprises throughout the state.

A medical cannabis cultivator license or a medical cannabis integrated facility license, both issued by the AMCC, is required for businesses that intend to grow medical cannabis commercially in Etowah County. However, all types of applications had to be submitted by December 30, 2022.

The medical cannabis integrated facility licenses to be issued by the AMCC will be limited to five while the medical cannabis cultivator licenses will be limited to 12. As of August 10, 2023, the AMCC already awarded five medical cannabis integrated facility licenses and seven medical cannabis cultivator licenses. None of the medical cannabis cultivator licensees are located in Etowah County but two medical cannabis integrated facility licensees have sites in the county.

The cultivator license allows the bearer to grow medical marijuana plants. The integrated facility license adds to this the right to manufacture medical cannabis products and sell medical cannabis and its products by retail to medical cannabis cardholders. The Alabama Department of Agriculture and Industries (AGI) Medical Cannabis Cultivation Administrative Code Chapter 80-14-1 must be complied with by both types of licensees. They must also each have an inventory system that is linked to the AMCC's seed-to-sale tracking system.

The owners of aspiring cannabis-growing businesses and the people working for them had to submit to a criminal history check in order to apply for these licenses. Each company was assessed a $2,500 application fee and was required to have $2 million in liability and casualty insurance. The yearly licensing fee, on the other hand, varies. The yearly charge for a medical cannabis cultivator license is $40,000, while the fee for a medical cannabis integrated facility license is $50,000.

Medical cannabis crops can only be grown inside a fully enclosed facility, in accordance with AGI Administrative Code 80-14-1. Cannabis crops must be cultivated in pots rather than directly on the ground to reduce cross-contamination, facilitate mobility, and allow for convenient individualized identification tagging and monitoring. No cannabis cultivation activities may be observed beyond the perimeter fence of the facility.

The licensed medical cannabis cultivation facility must be protected by a monitored security system equipped with alarms and video cameras for surveillance. Footage must be kept for at least 60 days. Employees and guests alike must be required to wear identity badges and register for every arrival and departure. The licensed establishment may be subjected to inspection twice a year by the AMCC.

Is Cannabis Manufacturing Legal in Etowah County?

Act 2021-450 of the State of Alabama legalized the licensed manufacturing of medical cannabis products in Etowah County. Medical cannabis manufacturing enterprises were required to apply to the AMCC for a medical cannabis processor license or a medical cannabis integrated facility license before applications ended in December 2022.

The AMCC is only allowed to grant four medical cannabis processor licenses statewide and, as of August 10, 2023, these were already awarded, but none were located in Etowah County.

The AMCC Regulation of Processors must be followed by all licensees. An application charge of $2,500 and a $40,000 annual licensing fee was levied against businesses when they applied for the medical cannabis processor license.

Licensed medical cannabis manufacturing operations must meet the same security standards as licensed medical cannabis cultivation facilities. Furthermore, throughout the working hours of licensed manufacturing facilities, a guard needs to be on duty.

It is the licensed medical cannabis manufacturing facility's obligation to ensure that all of its products are safe, potent, stable, consistent, and have a long shelf life. Product testing ensures this. The licensed manufacturing facility must also be linked to the AMCC's seed-to-sale tracking system.

Furthermore, the following packaging guidelines for medical cannabis products must be met by licensed medical cannabis manufacturing facilities:

• Packages must be child-resistant and tamper-evident, and they must not appeal to youngsters.
• Labels must be printed or securely fastened to packages.
• Package labels must be clear and visible, and they must provide the following information:
  • Trademark
  • Product category
  • The cultivator's name and license number
  • The manufacturer's name and license number
  • The identifying numbers for the batch and product lot
  • The product's weight or number of units included
  • The amount and strength of cannabis contained
  • The dates the product was made, tested, and packed
  • The product's expiry date
  • Warnings required by the AMCC
  • Contact information for the Alabama Poison Information Center
• Packages must not provide incorrect information about the medical advantages of cannabis.

Is Cannabis Retail Legal in Etowah County?

The State of Alabama’s Act 2021-450 legalized the licensed retail selling of medical cannabis and medical cannabis products but according to Alabama Code § 20-2A-51, a county or municipality has to enact an ordinance allowing it before the AMCC will issue a dispensary license to be located in the jurisdiction. Etowah County does not have this ordinance. Hence, licensed medical cannabis dispensaries are not allowed in its unincorporated areas. Of the seven cities in the county, only three have ordinances allowing licensed medical cannabis dispensaries. These are the cities of Attalla, Gadsden, and Glencoe.

Before the application period concluded in December 2022, medical cannabis retail businesses needed to get an AMCC medical cannabis dispensary license or a medical cannabis integrated facility license for them to begin operating. A $2,500 application fee and a $40,000 yearly licensing cost were assessed to them.

The AMCC is only permitted to award four medical cannabis dispensary licenses throughout the state and, as of August 10, 2023, all were already issued, with one of them having a dispensary location in the City of Gadsden, in Etowah County. Likewise, two medical cannabis integrated facility licensees have dispensary sites in the City of Gadsden.

Each licensee is permitted to operate three dispensaries, each in a different county. Furthermore, each medical cannabis integrated facility licensee is permitted to operate five dispensaries in different counties. The AMCC may expand the number as demand grows.

Licensees must follow the AMCC Regulation of Dispensaries. Only those with medical cannabis cards issued by the State of Alabama's Medical Cannabis Program are permitted to purchase medical cannabis and its products from them. However, as of August 2023, the Program was still under development and was not providing medical cannabis cards.

A licensed medical cannabis store must be located at least 1,000 feet away from a school, daycare, or childcare center. It must adhere to the same security standards as those of licensed medical cannabis growing and processing operations. The main distinction is that medical cannabis cardholders will be permitted to visit licensed medical cannabis dispensaries.

To run the approved medical cannabis store, an accredited dispenser must be on the site throughout operating hours. A minimum of two years of study in the disciplines of medicine, nursing, or pharmacology, as well as the successful completion of AMCC training and yearly continuing education, are prerequisites for certification as a dispenser.

Raw cannabis, cannabis meant for vaping or smoking, and edible cannabis products are all prohibited from being sold at licensed medical cannabis retailers. Oils, tinctures, capsules, tablets, suppositories, inhaler devices, nebulizers, transdermal patches, and topical preparations such as creams and gels are all permitted for sale.

Before conducting a transaction, the licensed medical cannabis dispensary must authenticate the purchaser's eligibility by screening the medical cannabis card. A cardholder may only acquire a 60-day supply of medical cannabis and its products every 60 days, determined by the dose stated in the physician's certification logged into the registry. The licensed dispensary has to record the specifics of each transaction on the AMCC's seed-to-sale monitoring system after each sale.

Is Cannabis Delivery Legal in Etowah County?

The AMCC Regulation of Dispensaries does not allow the delivery of medical cannabis and its products to medical cannabis cardholders even by licensed medical cannabis dispensaries in Etowah County.

However, transfers of medical cannabis and medical cannabis and products are allowed among licensed medical cannabis businesses provided these are done by an AMCC-licensed medical cannabis secure transporter. As of August 10, 2023, the AMCC already gave out three medical cannabis secure transport licenses, with none located in Etowah County.

How to Get a Medical Marijuana Card in Etowah County

Etowah County residents were still unable to get a medical cannabis card as of August 2023 since the State of Alabama’s Medical Cannabis Program was still under development. There were still no approved physicians who could provide medical cannabis certifications to patients.

The following medical conditions will be qualified for treatment with medical cannabis once the Program starts:

• Autism Spectrum Disorder
• Illness resulting in intractable or chronic pain
• Sickle Cell Anemia
• Depression
• Spasticity from Multiple Sclerosis or Spinal Cord Injury
• Terminal illness
• Seizures
• Parkinson's Disease
• Crohn's Disease
• Post-Traumatic Stress Disorder (PTSD)
• Panic Disorder
• Persistent nausea
• Tourette's Syndrome
• HIV/AIDS
• Cancer that causes chronic pain, nausea, vomiting, or cachexia

A parent or legal guardian must act as a caregiver if the patient is under the age of 19. A caregiver can also be appointed by any patient who is 19 years old or older. To get a medical cannabis card to buy medical cannabis and its products needed by their patients, all caregivers must register.

Questions can be sent to the AMCC via:

P. O. Box 309585

Montgomery, Alabama 36130

How Has Cannabis Legalization Impacted the Economy of Etowah County?

There is no mention of a local tax for medical cannabis in the State of Alabama’s Act 2021-450. However, the taxes levied on medical cannabis statewide include a state sales tax of 9% on gross retail sales and an annual medical cannabis privilege tax that is at the same rate as the Alabama business privilege tax.).

The Effects of Cannabis Legalization on Crime Rates in Etowah County

Medical cannabis was legalized in Etowah County in 2021.

Data sent by the Etowah County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2019, two years before the legalization of medical cannabis, there were eight marijuana possession arrests and no marijuana sales arrests.

In 2021, the latest data showed one marijuana possession arrest and no marijuana sales arrests.

In 2019, there were 24 DUI arrests. In 2021, there was no data on DUI arrests.